Board of Auditors v. Benoit
Michigan Supreme Court
Case made from Wayne Circuit. Emil P. Benoit and George Miller were candidates for office of Treasurer of Wayne County, at the general election held in November, 1866. Miller was declared elected by the Board of County Canvassers, and entered, upon the performance of the duties of his office on the first day of January, 1867, and continued in such performance until November, when he was ousted by the judgment of this Court upon an information filed against him by Benoit; who…
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Case made from Wayne Circuit. Emil P. Benoit and George Miller were candidates for office of Treasurer of Wayne County, at the general election held in November, 1866. Miller was declared elected by the Board of County Canvassers, and entered, upon the performance of the duties of his office on the first day of January, 1867, and continued in such performance until November, when he was ousted by the judgment of this Court upon an information filed against him by Benoit; who then became the incumbent of the office and so continued until January, 1, 1869. In settling his account as County…
1Opinion of the Court
Campbell, Ch. J.
Benoit was sued for not paying oyer the monies in his hands as Treasurer of Wayne County. The sum which he retained was an amount claimed to be due to him for his salary, during the pendency of proceedings in quo warranto, against George Miller, who held the office in fact, but who was decided not to have been lawfully elected.
The case shows that Miller was declared and certified by the county canvassers to have been duly elected, and that he took the legal oath and gave bond and assumed the office, and held it and performed its duties and received its emoluments until ousted;…
2Cases cited18 opinions
- Green v. BurkeNew York Supreme Court · 1840
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- People ex rel. Dorsey v. SmythCalifornia Supreme Court · 1865
- Smith v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1868
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3Cited by72 opinions
- People v. TownsendMichigan Supreme Court · 1921
- State v. BrittonWashington Supreme Court · 1947
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- State ex rel. Worrell v. CarrIndiana Supreme Court · 1891
- Hallgren v. CampbellMichigan Supreme Court · 1890
67 more not listed; retrieve them via the Exa API.